Taliban Law Conditions Return of ‘Opponents’ Assets on Leader’s Approval
The Taliban administration’s new law on the review and management of the assets of “absent persons” stipulates that returning the properties and revenues of those labeled as “saa’een bialfasad” (those who seek corruption) will only be possible with the order of Hibatullah Akhundzada, the leader of the administration. This law has been published in the official gazette and is structured in 31 articles, four chapters, and four sections.
Article 2 of the law defines “saa’een bialfasad” as individuals who oppose the Taliban administration, continue their opposition, seek to cause corruption and discord, or support those referred to as “corrupt individuals.” According to Article 9, a distinction is made between other owners and this group of people.
Clause 1 of Article 9 states that if the owner, heirs, or legal representative of a property under Taliban custody comes forward and requests its release, the relevant authority is obliged to hand over the property based on a court order. However, Clause 2 specifies that transferring ownership or benefits of assets of individuals known as “saa’een bialfasad” can only be done with the order of the “Amir al-Mu’minin” (Commander of the Faithful).
In this law, an “absent person” is defined as someone who or whose legal representative does not have access to their assets, and a “missing” person is someone whose status, whether alive or deceased, and whereabouts are unknown. The responsibility for implementing this law has been assigned to the “Department for Reviewing Movable and Immovable Properties of Absent Persons,” an institution under the military deputy of the Taliban Supreme Court.
This department has the authority to review, confirm, register, protect, and manage the properties of absent persons and coordinate with other departments to gather information. According to Article 5, the Kabul Municipality, General Directorate of Intelligence, General Directorate of Judicial Affairs, General Directorate of Lands, Treasury Directorate, Da Afghanistan Bank, and other agencies are obligated to cooperate and provide information.
The publication of this law comes as thousands of people have left the country over nearly five years, leaving some of their assets behind. Meanwhile, numerous reports have surfaced about the seizure and usurpation of private and public properties by certain Taliban commanders and members.
In the latest case, sources told media outlets that the Taliban intelligence arrested Musi Kaka, a local commander in Badakhshan close to Juma Khan Fateh, the Taliban deputy governor of Zabul, on accusations of seizing people’s lands in Shaki district. According to sources, this action followed tensions over gold mines in the area.
Critics warn that vague and interpretable definitions like “saa’een bialfasad” could facilitate restrictions on the property rights of some citizens and make the fate of opponents’ or critics’ assets dependent on the decision of the Taliban leader himself—a matter raising concerns about transparency and impartiality in property adjudication.
